Economic Significance of the Ancient Roman Superficies
Economic Significance of the Ancient Roman Superficies

Summary/Abstract: This study deals with the dogmatic issues related to the origin and basic economic purpose of the ancient Roman hereditary building lease. It introduces the development of superficies, the process of having a contractual basis then gradually becoming a legal institution belonging to the right in rem during the history of Roman law. The analysis breaks with the thesis drawing a parallel between superficies and hereditary lease (emphyteusis), which has been prevailing in literature for a long time. In order to determine the exact content of hereditary building lease first of all it tries to give a clear picture of the causas establishing superficies by the thorough analysis of the relevant primary legal sources. Regarding the point of this legal institution, the study determines it as the superficiarius’s constant and – at least from the late classical period – transferable and inheritable right of building use, which was not bound to a certain person.

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